beta
(영문) 울산지방법원 2014.08.29 2014노444

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the sentence of a fine of eight million won imposed by the court below on the defendant is too heavy or unreasonable.

However, even though there are favorable circumstances, such as the restoration of damage to each of the crimes of this case by the Defendant, the fact that there is a dependent who cares at home, the crime for which judgment has become final and the principal case at the same time, and the equity between the case to be judged, the Defendant has to consider the same kind of crime during the period of repeated crime despite the considerable amount of criminal power. Meanwhile, considering the unfavorable circumstances such as the Defendant’s age, family relation, criminal record, personality and conduct, environment, means and method of the crime, the motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court cannot be deemed to be reasonable, and thus, it cannot be deemed that the Defendant and the prosecutor’s assertion of unfair sentencing is unreasonable on the grounds that each of the defendant and the prosecutor’s grounds for unfair sentencing have no merit.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.